{
  "url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986/article-28",
  "json_url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986/article-28.json",
  "legislation": "nisi/1986/595",
  "legislation_title": "The Mental Health (Northern Ireland) Order 1986",
  "legislation_url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Transfer of patients",
  "text": "(1) An authorised HSC trust may arrange for the transfer from one hospital to another hospital of a patient who is liable to be detained in hospital under this Part.\n(2) Where a patient is transferred to another hospital by virtue of paragraph (1), the provisions of this Part shall apply to him as if—\n(a) the application for assessment by virtue of which he was admitted to hospital had specified the hospital to which he is transferred;\n(b) he had been admitted to that hospital at the time when he was originally admitted in pursuance of the application; and\n(c) any report furnished in respect of him under Article 9, 12(1) or 13 had been furnished in that hospital.\n(3) Where an application for assessment, duly completed in accordance with this Part, is made in respect of any patient, the Department may by order in writing direct that that patient shall be admitted to any hospital specified in the order.\n(4) Where the Department issues an order under paragraph (3)—\n(a) paragraph (2) shall apply in relation to the patient as if he had been transferred to the hospital specified in the order by virtue of paragraph (1); and\n(b) it shall be the duty of ... the authorised HSC trust managing the hospital specified in the order to admit the patient to that hospital.\n(5) An authorised HSC trust may arrange for the transfer—\n(a) of a patient who is subject to guardianship under this Part, from the guardianship of any person into the guardianship of any other person;\n(b) of a patient who is liable to be detained in hospital for treatment, into the guardianship of any person.\n(6) Where a patient is transferred into the guardianship of another person by virtue of paragraph (5)(a), the provisions of this Part shall apply to him as if the guardianship application by virtue of which he is subject to guardianship under this Part were for his reception into the guardianship of that person and had been accepted at the time when it was originally accepted.\n(7) Where a patient is transferred into the guardianship of any person by virtue of paragraph (5)(b), the provisions of this Part shall apply to him as if the application for assessment by virtue of which he was admitted to hospital were a guardianship application duly accepted at the time when he was originally admitted to hospital in pursuance of the application.\n(8) Arrangements for the transfer of a patient under this Article may be made subject to such conditions as may be prescribed.\n(9) The responsible authority before arranging for the transfer of any patient under this Article shall, if practicable, inform the nearest relative of the patient and, in the case of a person subject to the guardianship of a person other than the authority, the guardian of the patient of the intended transfer.\n(10) The responsible authority shall immediately notify RQIA of the transfer of any patient under this Article.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1994 NI 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in art. 28(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 74(2); S.R. 2022/102, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 28(4)(b) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 74(3); S.R. 2022/102, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in art. 28(5) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 74(2); S.R. 2022/102, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 28 applied (with modifications) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(y)(i)-(iii), 4"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Art. 28 applied (with modifications.) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(p), 4"
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "nia/2016/18",
      "affecting_title": "Mental Capacity Act (Northern Ireland) 2016"
    },
    {
      "type": "words repealed",
      "affecting": "nia/2016/18",
      "affecting_title": "Mental Capacity Act (Northern Ireland) 2016"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1986/595/article/28",
    "retrieved_at": "2026-10-29T04:48:38.738443+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}